Madras High CourtCRL MP(MD)/3547/2026ordered

Punitha v. Thinakaran

2026-02-16Honourable Mr Justice Mohammed Shaffiq5 pages

CRL MP(MD) NO.3547 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16-02-2026

CORAM

THE HONOURABLE MR JUSTICE MOHAMMED SHAFFIQ CRL MP(MD) No. 3547 of 2026 in CRL RC(MD) NO. 263 OF 2026 Punitha Petitioner Vs Thinakaran Respondent For Petitioner(s):

Mr.S.A.Ajmal Khan Prayer:

To suspend the execution of Sentence imposed on petitioner by the Judicial Magistrate Fast Track Court @ Magistrate Level, Karur in S.T.C.No.138 of 2019 dated 02.12.2023 and confirmed by the learned District and Sessions Judge, Karur in Crl.A.No.6 of 2024 dated 25.11.2025 and enlarge the petitioner on bail pending disposal of the criminal revision petition.

ORDER

Heard Mr.S.A.Ajmal Khan, learned Counsel for petitioner.

2. Criminal Miscellaneous Petition has been filed praying to suspend the sentence imposed upon petitioner by Judicial Magistrate Fast Track Court @ Magistrate Level, Karur in S.T.C.No.138 of 2019 dated 02.12.2023, which was confirmed by District and Sessions Judge, Karur in Crl.A.No.6 of 2024 dated 25.11.2025.

3. Learned counsel for petitioner would submit that petitioner was convicted by Judicial Magistrate Fast Track Court @ Magistrate Level, Karur for offence under Section 138 of the Negotiable Instruments Act in S.T.C.No.138 of 2019 dated 02.12.2023 and sentenced to undergo one year Simple Imprisonment and to pay compensation of Rs.1,75,000/- to respondent within a period of one month, in default to undergo one month Simple Imprisonment. Aggrieved, petitioner filed criminal appeal in Crl.A.No.6 of 2024 before District and Sessions Judge, Karur and the lower Appellate Court by judgment dated 25.11.2025 dismissed the appeal confirming the conviction and sentence passed by the trial Court. Challenging the above conviction and sentence, petitioner filed Crl.R.C.(MD)No.263 of 2026 before this Court along with the instant miscellaneous petition seeking suspension of sentence and bail.

4. Learned Counsel for petitioner would further submit that petitioner has raised substantial grounds in the above revision, which requires consideration; and that to show his bonafides, petitioner is willing to deposit 50% of the cheque amount, before the trial Court. Hence, he prayed for granting suspension of sentence and bail to petitioner.

5. Considering the fact that there are arguable points raised in revision and taking into consideration, facts and circumstances of the case and that it is likely to take a while before the revision is finally heard1, this Court is inclined to grant suspension of sentence and bail, on the following conditions, till the disposal of the above Criminal Revision:

i) Petitioner is directed to deposit 50% of cheque amount to the credit of S.T.C.No.138 of 2019 dated 02.12.2023 on the file of Judicial Magistrate, Fast Track Court at Magistrate Level, Karur, within a period of four weeks from the date of receipt of a copy of this order, failing which the sentence suspended shall stand automatically vacated and respondent is at liberty to execute the sentence imposed by the trial Court against the petitioner in the manner known to law; (ii) Any amount already paid shall be deducted while reckoning 50% of cheque amount directed in clause (i);

(iii) On such deposit, petitioner is directed to be enlarged on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two Atul Alias Ashutosh vs State of Madhya Pradesh, (2024) 3 SCC 663

sureties each for a like sum to the satisfaction of Judicial Magistrate, Fast Track Court at Magistrate Level, Karur;

iv) Petitioner and sureties shall affix their photographs and Left Thumb Impression in the bond and the above said Court may obtain a copy of their Aadhaar card or Bank pass Book to ensure their identity; v) Petitioner shall appear and sign before Judicial Magistrate, Fast Track Court at Magistrate Level, Karur, on the first working day of every month at 10.30 a.m., until the disposal of the revision;

vi) In case, petitioner is not able to appear before the said Court on any day, he shall make arrangements to file an application under Section 317 Cr.P.C. (corresponding to 355 B.N.S.S) and shall appear before the said Court on any other day in lieu of the date of his absence, as directed by the said Court.

6. Accordingly, this Criminal Miscellaneous Petition is ordered. 16-02-2026 rgm

To 1.The Judicial Magistrate, Fast Track Court at Magistrate Level, Karur 2.The District and Sessions Judge, Karur 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.